Prosecution Details

Being an employer, failed to, so far as practicable, provide and maintain a working environment in which its employees were not exposed to hazards and by that failure caused serious harm: contrary to sections 19(1) and 19A(2) of the Occupational Safety and Health Act 1984.

The Accused operated a commercial printing and binding service at 112-114 Mallard Way, Cannington ("the workplace"). The injured person was employed as a supervisor at this workplace by the Accused. Her duties included maintenance of certain plant used at the workplace. Such plant included a Rollem Auto 5 numbering, perforating and cutting machine ("the machine").

On 4 April 2007 the injured person decided to perform a maintenance check on the machine. She removed the side panels of the machine exposing the drive chains and cogs. The machine was not isolated in any way. As she was performing maintenance she inadvertently turned the machine on. Her left middle finger became caught in the exposed drive chain and cog. The tip of this finger was amputated.

The Accused had an occupational safety and health manual dating from 2000 stipulating the importance of isolation procedures when accessing the internal workings of plant at the workplace or when maintenance was being performed. The injured person had received a copy of this document however, the contents of it had never been explained to her nor had she ever received any training or instruction in isolation procedures. The Accused was aware that isolation tags were available on site. However, these had not been made readily available to employees for use at the workplace.

It was practicable for the Accused to have ensured that employees understood the contents of its safety and health manual and received training and instruction in the isolation of plant. It was further practicable for the Accused to have ensured lock out and danger tags were available for employees to use working with plant that required isolation.

Plead Guilty